Penalties lawyer LAC Lawyers Sydney & Melbourne

Penalties

There are a wide range of penalties available in New South Wales which include the following:

  1. Full time custodial sentence
    • A judge should not sentence an offender to full time prison custody unless no other penalty is appropriate in the circumstances. The judge should set a head sentence and a separate non-parole period. The non-parole period should not be less than three quarters of the full time term of the sentence unless the judge finds that there have been special circumstances that would justify a reduction. A judge can refuse to set a non-parole period as they consider appropriate. A judge must not set a non-parole period if the term of imprisonment is 6 months or less.
    • Suspended sentence
      • Where a court imposes a sentence of imprisonment on a person which is not more than 2 years it may make an order suspending the execution of the whole of the sentence for such period on the condition that the person enters into a bond for the term of the sentence. If the offender breaches a good behaviour bond they will be brought before the court normally ordered to serve the remaining time in gaol. Suspended sentences are normally only available in special circumstances where there are prospects of rehabilitation.
  2. Periodic detention 
    • Can only be ordered where the judge sentences the prisoner to 3 years or less.
  3. Home detention
    • Is not available in serious criminal cases. The judge can impose such conditions which they consider appropriate except ordering the offender to pay money.
  4. Community service order
    • The offender may be required to perform community service up to a maximum of 500 hours. The judge can impose conditions as in the case of home detention.
  5. Good behaviour bond
    • An offender can be ordered to be of good behaviour for a specific period up to a maximum of 5 years. A good behaviour bond can also be subject to conditions but must not require the offender to perform community service or to pay money. Any breach of the good behaviour bond will result in the offender being brought before the court with the bond being varied or cancelled leading to a term of imprisonment or other penalties including periodic detention or home detention.
    • A community service order and a good behaviour bond are alternative penalties only. They cannot be imposed in relation to the same offence.
  6. Section 10 bond
    • These bonds are often misunderstood by the community. A section 10 bond may be given where a offender either pleads guilty or is found guilty of an offence that the judge decides not to convict but either to dismiss the charges conditionally or discharge the offender on the condition that they enter a good behaviour bond not exceeding 2 years. As no conviction is recorded the offender does not get a criminal record. Unfortunately too many people forget that a section 10 bond is only available due to the trivial nature of the offence. The ability to obtain a section 10 bond varies between local courts in New South Wales.
  7. Fine
    • Fines may be imposed as an additional penalty to a good behaviour bond or a sentence of imprisonment except for section 10 bonds. Before fines are imposed courts normally take into account the defendants financial circumstances. Fines are usually required o be paid to the court registry within 28 days.

The application of these penalties depends on the individual circumstances of a particular offence or offences of which the accused is charged. Essentially the more serious the crime the more serious the penalty and the greater the likelihood of a full time custodial sentence.

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